Barbara Bortner, Wire Fraud, Tax Evasion, Wisconsin 2022

MADISON, Wis. – In a shocking case of corporate corruption, former Mercyhealth executive Barbara Bortner has been sentenced to 3 1/2 years in prison for her role in a massive kickback scheme.

According to court documents, Bortner, 57, of Milton, Wis., pleaded guilty to wire fraud and tax evasion charges on October 14, 2021. The case was investigated by IRS Criminal Investigation and prosecuted by Assistant U.S. Attorney Aaron Wegner.

Between 2015 and 2020, Bortner and her co-defendant, Ryan Weckerly, engaged in a kickback scheme in which Weckerly submitted inflated invoices to Bortner for his marketing work for Mercyhealth. Once Bortner approved his marketing invoices, Weckerly received payments from Mercyhealth and provided money to Bortner using either cash or checks.

In order to disguise the true nature of the kickback payments, Bortner created a fictitious company named WeInspire LLC. During the timeframe of the kickback scheme, Weckerly wrote over 103 checks to WeInspire LLC from one of his business accounts. The cumulative total of these checks was $2,051,975. In addition, bank records show that Weckerly provided Bortner with over $1,000,000 in cash kickback payments. Based on the government’s financial analysis of Weckerly’s accounting and bank records, the total monetary amount of the fraud was $3,136,200.72.

The Internal Revenue Service initiated an audit of Bortner’s individual tax returns in May 2019. During the audit, Bortner represented to an IRS Revenue Agent during an interview that WeInspire was a legitimate company that performed marketing work for one of Weckerly’s businesses. In the months following the interview with the IRS Revenue Agent, Bortner continued to receive kickback payments from Weckerly.

At the sentencing hearing, Judge William M. Conley stated that the kickback scheme was a ‘very substantial crime’ that was motivated entirely by Bortner’s greed. Judge Conley also stated that Bortner earned a very generous salary at Mercyhealth and had no pressing need for the money she stole. Judge Conley also noted that rather than stop the scheme after she became aware of the IRS investigation, Bortner essentially ‘doubled down’ and continued to receive payments from Weckerly.

Weckerly has also pleaded guilty to wire fraud and aiding and assisting in the filing of a false tax return. His sentencing is scheduled for May 17, 2022. A restitution hearing for Bortner and Weckerly is also scheduled for July 21, 2022.

Defendant: Barbara Bortner

Criminal Charges: Wire fraud and tax evasion

City and State: Madison, Wis.

Date: October 14, 2021 (plea), February 22, 2022 (sentencing)

Sentence: 3 1/2 years in prison

Dollar Amounts: $2,051,975 in checks, $1,000,000 in cash kickback payments, $3,136,200.72 total monetary amount of the fraud

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